Employment and Trade Union Law
Sometime one reads an employment tribunal judgment and you can do little else than think whether the employment judge was imbibing something untoward when they made their decision since it is, to put it diplomatically, batshit crazy. That comment is, of course, made in jest but reading of the employment judge's decision in Gordon v … Continue reading Waiving a breach?
Up until the early 1970's a worker who was unfairly dismissed by an employer had three choices, do nothing, sue the employer for wrongful dismissal (which is a claim in contract only), or challenge the dismissal outside of the courts (for example, by an employer wide strike initiated by a trade union). In 1968 Lord … Continue reading Why an 1888 court judgment is (unfortunately) still relevant for employees
Just over one year ago today DKLM LLP, a solicitors firm, appointed Hilesh Chavda as its new Head of Private Client. The appointment would, according to the firm's website announcement on 19 October 2019, "help capitalise on the firm’s successes with high net worth individuals and entrepreneurs in the UK and international markets." He was … Continue reading Solicitor loses Covid-19 pay cut case
When an employer engages in conduct that fundamentally undermines the contract of employment to the employee (called a repudiatory breach) then the employee has the option of resigning and claiming constructive dismissal. Effectively the employee says 'enough is enough' you have given me no option but to leave. When the employee has been continuously employed … Continue reading Constructive Dismissal: The Last Straw
The FDA union has been busy recently. A couple of weeks ago it was reported that the union were supporting Sonia Khan in an unfair dismissal case arising from her sacking as a special adviser. Having read the basics of that case then, without making any comment on the underlying substantive reasons I think I … Continue reading Sir Philip Rutnam and Constructive Dismissal
In unfair dismissal law a dismissal can only be fair if the reason for dismissal is for one of five potentially fair reasons for dismissal. In an unfair dismissal claim before the tribunal can consider whether a dismissal was reasonable it must be satisfied that the dismissal was for a potentially fair reason. Only if … Continue reading Give me a reason
In 2002 the European Court of Human Rights decided the case of Wilson v UK and found that UK trade union legislation was contrary the Article 11 of the European Convention on Human Rights - in particular, at paragraph 48 of Wilson the ECHR found that by permitting employers to use financial incentives to induce … Continue reading Court of Appeal Restricts Effectiveness of Trade Union Negotiation
Last month the Supreme Court gave its decision in Newcastle Upon Tyne- Hospitals NHS Foundation Trust v Haywood. The case can be summarised simply as addressing the question when does a persons notice period when dismissed from their employment end if they are not informed of the dismissal verbally. The three main answers to that … Continue reading Haywood and the Contract End Date in Employee Dismissals
At the beginning of the month I posted What Will the Papers Say?, a piece on the High Court' s decision in Williams v Leeds United Football Club [2015] EWHC 376 (QB). Briefly, the claimant, then a Director for Leeds Utd FC, had sent pornographic images using the football club's IT to three people: Dennis Wise, … Continue reading Affirming Gross Misconduct
Unions in the Civil Service face a herculean task in needing to get each and every union member to effectively re-join their union following Francis Maude's pressure to withdraw the ability of union members to pay their subscriptions direct from their salary. The challenge is one other unions can learn from. In his article for … Continue reading Trade Unions Should Learn from Francis Maude’s Attack on PCS Union
In recent mainstream media reports there has been a focus on the appalling racist chants of a group of a group of Chelsea fans; this story has an employment focus as at least one Chelsea fan, finance worker Josh Parsons, has now been suspended from his work in the aftermath of the incident. Time will … Continue reading What Will the Papers Say? Employment Law, Disrepute and the ‘Beautiful Game’
PCS has today announced that its challenge of the National Audit Offices decision to unilaterally change terms and conditions of service from its employees has been successful: On 15 December, PCS won the important case against the NAO's decision to reduce the contractual sick pay and leave of its existing staff. This dispute started in … Continue reading PCS Union win court victory on changes to terms and conditions
Employment Writes 